CM-2019-0277 - 9/13/2019ELECTRONICALLY RECORDED 20/9086694
Williamson County, Texas Total Pages: 9
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
KLKC INVESTMENTS, LLC, a Texas limited liability company, hereinafter referred to as the
"Owner," whose address is 1001 Long Cove, Round Rock, Texas 78664, and the CITY OF
ROUND ROCK, TEXAS, hereinafter the "City," a municipal home -rule corporation whose
address is 221 E. Main Street, Round Rock, Texas 78664, and becomes effective on the date
indicated below. The City and the Owner agree as follows:
A. Owner is the owner of Lot 2, Block A, of Harbison-Patal Subdivision Replat, a
subdivision in Williamson County, Texas, according to the map or plat thereof
recorded in Cabinet GG, Slides 264-265 of the Plat Records of Williamson County,
Texas (the "Property").
B. City is the record holder of the 15 -foot wide Public Utility Easement running parallel
to the western right -of way line of 11.135 abutting Lot 2, Block A, of Harbison-Patal
Subdivision Replat, a subdivision in Williamson County Texas, According the map or
plat thereof recorded in GG, Slides 264-265 ofthe Plat Records of Williamson County,
Texas (the "PUE Area"). A copy of page two (2) of the recorded plat is attached
hereto as Exhibit "A", attached hereto and incorporated herein for all purposes.
C. The Owner has requested that the City allow an encroachment on or over a portion of
the PUE Area, with the Encroaching Structure being in the nature of a storm drain
crossing, as set forth in Exhibit "B," incorporated herein by reference for all purposes
(the "Encroaching Structure").
D. By execution of this Agreement, the City grants its limited consent for the Owner to
encroach on or over a portion of the PUE Area strictly subject to the following
conditions.-
(1)
onditions.
(1) The Encroaching Structure may be located only as depicted on the attached
Exhibit "B," and that no further encroachment or improvements of any
kind in the PUE Area shall be allowed;
(2) The existence of the Encroaching Structure shall be subject to any and
all relevant requirements of the Round Rock Code of Ordinances,
including but not limited to the Building Code;
(3) Use, maintenance, repair and removal of the Encroaching Structure shall
be solely at the risk and liability of the Owner, and not at the risk and
liability of the City in any manner whatsoever,
(4) Removal of the Encroaching Structure, or a portion thereof, shall cause
the immediate termination of this Agreement;
004226211ss2
ENCR1904-0002— Kris Auto Sales
0,1t4-2 or
2019086694 Page 2 of 9
(5) The permission of the City in allowing the Encroaching Structure shall
be strictly limited to this particular request, and shall not be construed as
establishing any precedent whatsoever,
(6) The parties expressly agree that the City and other public utilities have
full authority in an emergency to remove the Encroaching Structure, and
such removal shall be allowed without notice to the Owner and without
any obligation whatsoever on the part of the City or other public utility
to replace or repair any part or the whole of the Encroaching Structure;
(7) In a non -emergency situation, the Owner agrees to be solely responsible
for removal of the Encroaching Structure to the City's satisfaction, and
such removal shall be completed by the Owner within ten (10) days of
actual notice to the Owner of the City's directive to remove same. The
parties expressly agree that, in the event the Owner fails to remove the
Encroaching Structure to the City's satisfaction following notice, then
and in that event the City may cause the Encroaching Structure to be
removed at the expense of the Owner;
(S) The parties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structure by the City's use or
maintenance of the PUE Area;
(9) The Owner shall indemnify and hold the City harmless from any and all
loss, damage, penalty, liability, cost and expense, including without
limitation reasonable attorney's fees, that may be incurred by, imposed
upon, or asserted by reason of any suit, action, legal proceeding, claim,
demand, regulatory proceeding, or litigation arising from any act done or
omitted to be done by any party, excepting only any loss, damage,
penalty, liability, cost or expenses resulting from negligence or willful
misconduct of the City. Nothing herein shall be deemed to limit the
rights (including but not limited to the right to seek contribution) of the
City or the Owner against any third party who may be liable for an
indemnified claim. The parties agree that in no event shall the City be
liable to the Owner for any incidental, indirect, special, punitive,
consequential or similar damages of any kind including without
limitation loss of profits, loss of business or interruptions of business,
whether such liabilities are predicated on contract, tort, strict liability or
any other legal theory. This indemnification shall apply to the Owner,
and to each of its successors, assigns, officers, employees and officials.
The parties agree that the provisions of this section shall survive the
termination of this agreement; and
2
2019086694 Page 3 of 9
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately inform
any such purchaser of the existence of this Agreement and provide a copy
of same.
(11) The City reserves the option to rescind this Agreement at any time, with
or without cause, by giving Owner ten (10) days written notice of its
exercise of said option.
By execution below by the Owner and the respective appropriate authorities of the City
of Round Rock, Texas, the: signatories bind the entities to obey all conditions of this Agreement.
OWNER
KLKC Investm ,
By:
Date Signed: 22' t`f
CITY
City of Round Roc, T
By:
n 4� City Manager
6
Date Signed:
(acknowledgements on following page)
ACKNOWLEDGIVICENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2019086694 Page 4 of 9
This instrument was acknowledged before me on this -,,� day of GLG,1 , 2019,
by k1A t J' A, (Name), as i2wA/L _ (Title) of KLKC
INVESTMENT, LLC, whose name is subscribed to the preceding instrument, and acknowledged
to me that he executed it for the purposes and consideration expressed in it.
:<�. rriBEN RAMIREZ�Yi�,.r.Notary
Public. state of Texas Notary Public i d for the State of Texas
Comm. Expire! 10.23-2022
%.,�.••.
��1 j'jN' Nota;LE130841424
ACKNOWLEDGMENT
TME STATE OF TEXAS
COUNTY Or WILLIAMSON
This instrument was acknowledged before me on this day of fit} 19,
by Laurie --Hades, Round RocVity Manager, in the capacity and for a p -u poscS and
consideration therein indicated. V,41 ,
�rw�s Notary Public ifi.6id for the State of Texas
4
2019086694 Page 5 of 9
EXHIBIT "A"
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RECORDERS MEMORANDUM
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RECORDERS MEMORANDUM
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EXHIBIT "B"
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RECORDERS MEMORANDUM
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2019086694 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019086694
Pages: 9 Fee: $61,00
09/13/2019 02:51 PM
Nancy E, Rister,County Clerk
Williamson County.Texas
City of Round Rock
fl ROUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with KLKC Investments,
LLC for the Kris Auto Sales Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9113/2019
Dept Director: Brad Wiseman, Planning and Devlopment Services, Director
Cost: $0.00
Indexes:
Attachments: ENCR1904-0002 - Kris Auto (08 19 2099) Executed agreement
Department: Planning and Development Services Department
Text of Legislative File CM -2019-0277
This project had to place a storm sewer headwall in the public utility easement (P.U.E.) along
the property's IH 35 frontage. The encroachment of the headwall is shallow and all stakeholder
utilities are agreeable to the encroachment. This document will clarify the owner's
responsibilities to maintain the private headwall within the P.U.E.
CityolRoundRock Page 1 Printed on 9/12/2079